Howard v. Mayor of Houston
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. This was a suit by appellees against the appellants to recover the amount of taxes claimed to be due the city of Houston on block Ho. 116, on the south side of Buffalo bayou in said city, for the years 1869 to 1881, inclusive, and to foreclose a lien claimed to exist on said block for the taxes.
Read the full summary
Appeal from Harris. Tried below before the Hon. James Masterson. This was a suit by appellees against the appellants to recover the amount of taxes claimed to be due the city of Houston on block Ho. 116, on the south side of Buffalo bayou in said city, for the years 1869 to 1881, inclusive, and to foreclose a lien claimed to exist on said block for the taxes. Judgment was rendered against appellants for the sum of $706.06, and for costs, and a decree of foreclosure, and said block ordered sold as under execution. The charter of the city of Houston (approved April 21, 1879) contains this…
1Opinion of the Court
Willie, Chief Justice.—
It is insisted as a ground for reversing the judgment in this cause that the district judge erred in holding that the appellee could recover its ad valorem taxes by an action at law. By the provisions of section 31 and section 33 of the charter of the city of Houston of April 21, 1879, in force at the time this suit was brought, all taxes on real estate were made a lien and charge upon the property, and all taxes due the city were allowed to be collected by an action of debt in any court having jurisdiction. The city was also allowed to adopt, as near as circumstances…
2Cases cited2 opinions
- Durant v. Supervisors of AlbanyNew York Supreme Court · 1841
- State ex rel. Askew v. Southern Steamship Co.Supreme Court of Louisiana · 1858
3Cited by10 opinions
- Putnam v. PutnamArizona Supreme Court · 1890
- Unknown Heirs of Criswell v. RobbinsCourt of Appeals of Texas · 1912
- Stephens v. HerronTexas Supreme Court · 1905
- Tom v. SayersTexas Supreme Court · 1885
- Houston & Texas Central Railroad v. MaxwellCourt of Appeals of Texas · 1910
5 more not listed; retrieve them via the Exa API.